Tag Archives: territorial jurisdiction
Malaysia’s Ministry of Human Resources has recently proposed amendments to the Industrial Relations Act 1967 (“IRA”) which, if introduced, would result in, amongst others, significant changes to the dispute resolution regime for employment claims in Malaysia.
There are complicated rules which govern when and how a foreign entity can operate in Vietnam without establishing a local entity. Companies should pay particular attention to employment structures in such circumstances.
UK: Jurisdiction – claims for EU-derived rights may only be brought in the UK if working within the EU
In Wittenberg v Sunset Personnel Services the EAT has reiterated its view, originally given in Hasan v Shell International (see our blog post), that EU-derived rights such as working time or discrimination protections can be enforced in the UK, despite … Continue reading
Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant avoidable costs and delay if issues are not spotted in advance. In the Herbert Smith Freehills 2016 global survey, 57% … Continue reading
The Macau Judicial Base Court recently held that Macau law (not Hong Kong law) governed an employment relationship between a Hong Kong citizen and his Hong Kong based employer, notwithstanding that the employment contract clearly stated that Hong Kong law … Continue reading
UK: Anti-suit injunctions – Court of Appeal rules that EU jurisdiction rules should prevail over US exclusive jurisdiction clause
The Court of Appeal has overturned a controversial High Court ruling (summarised in our blog post here) concerning the enforcement of non-EU exclusive jurisdiction clauses which conflict with EU jurisdiction rules.
UK: Court of Appeal due to consider whether US exclusive jurisdiction clause or EU jurisdiction rules should prevail
The Court of Appeal is due to consider whether a UK-domiciled employee's right under EU rules to be sued only in the UK should be given precedence over proceedings in the US pursuant to a US exclusive jurisdiction clause, in … Continue reading
UK: Peripatetic employee based abroad not entitled to bring statutory UK employment claims despite work here
Spending more time in England than any other country does not necessarily mean that a peripatetic employee can claim unfair dismissal here; the key factor is where the employee is based.
We have recently updated our multi-jurisdictional guide discussing potential employee issues in business transfers (first published in October 2013). The second edition reflects the law as at February 2015. The guide is a quick reference tool covering the key legal … Continue reading
UK: Unfair dismissal – ‘virtual’ employee teleworking from overseas for UK business can bring claim here
Employers should bear in mind the scope for employees working abroad to bring claims here, even where it has been the employee's choice to relocate. There may be sufficient connection with Great Britain, particularly if the work is performed remotely … Continue reading